Date: 30-09-2019
Business: Court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. C. D. Mishra for plff present.
None for deft.
On oral request of advocate for plff adjd for awaiting report of service of writ of summons to 28.11.2019.
Later On.
Director Shri. Shyam H. Jain of defendant company present.
Plaint
VP
Address Memo
List of documents
Written statement of defendant. TOR.
Copy is kept on record.
Now adjd for Framing Issues to 28.11.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: None for plff.
Representative of deft present.
Since Court is busy in R/E in Suit Nos. 705/13 and 578/14, this matter adjd for Framing Issues to 03.01.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: None for plaintiff.
None for defendants.
KB LO
None for plaintiff.
Defendant is present.
Issues are framed at Exh.6
Adjd to 21-01-2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: None for plaintiff.
None for defendants.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.00 a.m.
KB LO
None for plaintiff.
Defendant is present.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.40 a.m. Hence, Suit is kept for dismissal on next date.
LO
Adv. Mansi Jain for plaintiff present.
Adjd to 04-02-2020 for R/E/ Suit Dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: None for plaintiff.
None for defendants.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.15 a.m.
KB LO
Adv. C. D. Mishra for plaintiff present.
Director of defendant is present.
There exists element of settlement between the parties. Therefore, the matter is referred for mediation.
Adjd to 03-03-2020 for Mediation report .
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Mishra for plaintiff present.
None for defendants.
Adjd to 24-03-2020 for Mediation report .
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 27.11.2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 10/12/2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. for plaintiff present.
None for defendant.
Mediation report yet not to be received.
Sheristedar is directed to take necessary steps to call report from concern mediator.
Adjd to 08.01.2021 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv.Mr.C.D.Mishra for plaintiff present.
None present for defendant.
Matter adjd to 18.01.2021 for Awaiting mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
Matter adjd to 09.02.2021 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
Matter adjd to 24.02.2021 for admission and denial of documents and statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv.Mr.C.D. Mishra for plaintiff present.
None present for defendant.
Statement of truth, Exh.7 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination-in-chief, Exh.8 filed by Adv. of plaintiff t.o.r. O-filed.
List of documents, Exh.9 filed by Adv. of plaintiff t.o.r.
O-Defendant to say.
Plaintiff submits that the defendant had not submitted any document with written statement. He therefore does not want to file admission and denial of documents.
Matter adjd to 11.03.2021 for Say on Exh.9 and evidence.
Next Purpose: REPLY
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 17.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
KB
LO
Adv.C.D. Mishra for plaintiff present.
Pravin Jain, Director present.
The defendant submits that they intend to settle. They will talk with the plaintiff, they seek short adjournment. In the interest of justice, adjournment is granted. Put up in Lok-nyayala
Matter adjd to 10.04.2021 for Lok-nyayalay and 15.04.2021 before regular Court.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-04-2021
Date: 10-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.04.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
Issues are already framed at Exh.06.
Due to rise in Covid cases, Adjd to 23.06.2021 alongwith connected Comm. Suit No.101/2019 for admission and denial by defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.07.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 11.08.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.13 pm
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of company present.
KB
LO at 02.00 pm
Same appearance.
Plaintiff has tendered pursis, Exh.10 stating that the defendant has not relied any document and hence, there is no admission and denial by the plaintiff.
The defendant has not filed admission and denial. Adjourned for short date for filing admission and denial by the defendant.
Matter adjd to 23.08.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.13 pm
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of company present
The defendant has not filed admission and denial of the documents, hence, no admission and denial by the defendant.
Matter adjd. to 07.09.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of company present.
List of witness, Exh.11 filed by Adv. of plaintiff t.o.r. The defendant has not filed list of witnesses. Hence, it is assumed that the defendant has only one witness. I proceed for case management hearing.
Heard both the sides on case management hearing.
Order on Case Management Hearing
Date
Stage
30.09.2021
Cross-examination of plaintiffs witness PW-1 by the defendant
On or before 12.10.2021
Filing affidavit of evidence by the defendant and marking of documents
On or before 21.10.2021
Cross-examination of defendant witness DW-1 by the plaintiff
On or before 28.10.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
30.10.2021
Judgment
Matter adjd to 30.09.2021 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
None present for defendant.
Witness present.
KB
LO at 12.28 pm
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of company present
KB
LO at 12.55 pm
Same appearance.
PW-1, Mr.Rajendra Harmalkar resumed on S.A.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is resolution dated 28.01.2021. Read the contents of Para No.2. The document is marked as Exh.12.
2. The document at Sr.No.2 is the purchase order dated 30.10.2017. Read the contents of Para No.3. It is marked as Exh.13.
3. The document at Sr.No.3 is the purchase order dated 21.11.2017. Read the contents of Para No.3. It is marked as Exh.14.
4. The document at Sr.No.4 is the purchase order dated 29.11.2017. Read the contents of Para No.3. The document is photocopy. It is marked as Article-X.
5. The document at Sr.No.5 is the purchase order dated 21.12.2017. Read the contents of Para No.3. The document is photocopy. It is marked as Article-X1.
6. The document at Sr.No.6 is the purchase order dated 15.01.2018. Read the contents of Para No.3. It is marked as Exh.15.
7. The document at Sr.No.7 is the purchase order dated 02.02.2018. Read the contents of Para No.3. It is marked as Exh.16.
8. The document at Sr.No.8 is the purchase order dated 17.02.2018. Read the contents of Para No.3. It is marked as Exh.17.
9. The document at Sr.No.9 is the purchase order dated 05.03.2018. Read the contents of Para No.3. It is marked as Exh.18.
10. The document at Sr.No.10 is the purchase order dated 10.03.2018. Read the contents of Para No.3. It is marked as Exh.19.
11. The document at Sr.No.11 is invoices from (page No.11 to 59). Read the contents of Para No.4. The documents are marked as Exh.20 (colly.).
12. The document at Sr.No.12 is transport slip (page No.60). Read the contents of Para No.6. It is marked as Exh.21.
13. The document at Sr.No.13 is transport slip (page No.61). Read the contents of Para No.6. It is marked as Exh.22.
14. The document at Sr.No.14 is statement of accounts a/w. certificate (page No.62-81). Read the contents of Para No.8. The documents are marked as Exh.23 (colly.).
15. The document at Sr.No.15 to 24 are the emails exchange between the parties (page No.82-91). Read the certificate U/S.65B at Sr. No.31, page No.101. The documents from page No.15-24 are marked as Exh.24 (colly.) and document at Sr. No.31 is marked as Exh.25.
16. The document at Sr.No.25 is the copy of demand notice (page No.92 to 94). Read the contents of Para No.10. It is marked as Exh.26.
17. The document at Sr.No.26 and 27 are postal slips (page No.95). It is marked as Exh.27 (colly.).
18. The document at Sr.No.28 and 29 are acknowledgment cards (page No.96). It is marked as Exh.28 (colly.).
19. The document at Sr.No.30 is defendants advocate reply dated 19.01.2019 (page No.97-100). Read the contents of Para No.13. It is marked as Exh.29.
The plaintiff is assisted by his son Nishit Jain for cross-examination.
Cross-examination of PW-1, Mr.Rajendra Harmalkar by plaintiff Mr.Pravin Jain completed.
Plaintiff tendered evidence close pursis, Exh.30 t.o.r.
Matter adjd to 12.10.2021 for R/E of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit V.Jain for plaintiff present.
None present for defendant.
KB
LO at 12.11 pm,
Adv.C.D.Mishra h/f.Adv.Lalit V.Jain for plaintiff present.
Mr.Pravin Jain, director of defendant company present.
The defendant tendered authority letter in favour of Nishit Jain t.o.r. It is marked as Exh.31.
On oral request of the defendant, adjd for filing evidence of defendant on 21.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Adv.Smita Durve i/b.Adv.Shah present for defendant. She undertakes to file vakalatnama on behalf of defendant on next date.
KB
LO at 12.15 pm,
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of defendant company present.
Mr.Pravin Jain filed adjournment application, Exh.32 t.o.r.
O-Time granted as a last chance.
Matter adjd to 28.10.2021 for defendants evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv.C.D.Mishra for plaintiff present.
None present for defendant.
KB
LO at 1.05 p.m.
Adv.C.D.Mishra for plaintiff present.
Mr.Pravin Jain, Director of defendant company is present. He filed draft proposal for settlement t.o.r. marked as Exh.33.
Copy of same is received by the plaintiff.
The plaintiff filed say thereon contending that the plaintiff is rejecting the proposal as there are delayed tactics of the defendant
Today the case is fixed for R/E. No evidence is filed by the defendant. Considering the defendant\''s submission regarding settlement talks time till next date is granted to the defendant for settlement talks if any.
Matter adjd to 30.10.2021 for order against the defendant for not filing the evidence.
Next Purpose: ORDER
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv.C.D.Mishra for plaintiff present.
Mr.Pravin Jain, Director of defendant company alongwith Mr.Nishit Jain is present.
The defendant filed pursis informing that they have no evidence, Exh.34 t.o.r.
Heard parties for modification of case management hearing. Following dates are fixed for further case management hearing.
On or before 18.11.2021 parties to finish their oral argument.
On or before 25.11.2021 parties to file written argument if any.
On or before 30.11.2021 judgment.
Before 30.11.2021, the defendant to inform about progress of settlement talks if any.
Matter adjd to 18.11.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.13 pm,
Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, Director of defendant company alongwith Mr.Nishit Jain is present.
Heard Adv.Lalit Jain and Mr.Nishit Jain.
Matter adjd to 25.11.2021 for written argument if any/judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, Director of defendant company alongwith Mr.Nishit Jain is present.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.20,37,667/- (Rupees Twenty Lakh Thirty Seven Thousand Six Hundred Sixty Seven Only) alongwith interest at the rate of 16 percent per annum on principal amount of Rs.19,94,081/- (Rupees Nineteen Lakh Ninety Four Thousand Eighty One Only) from the date of filing of suit till realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 25-11-2021